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Applicantion of Treaty Interpertation Rule in the World Trade Organization Dispute Settlement

Author: ZhouShuaiJun
Tutor: LiuYaJun
School: Jilin University
Course: International Law
Keywords: Treaty interpretation Holistic interpretation methods U.S. gaming case
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 112
Quote: 1
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Abstract


The WTO is the world's most important multilateral trading system, and its healthy development is beneficial to the people of the world from the more well-being of multilateral trade. WTO dispute mechanism of the WTO system of dispute settlement toward judicial or quasi-judicial the guarantee, is the central premise of the healthy and steady development of the multilateral trading system in the world. The performance of the judicial WTO dispute settlement panel or Appellate Body through the use of treaty interpretation, interpretation of the dispute about the terms of the Agreement, in order to determine the rights and obligations of the parties to the dispute, to determine the \boundary. Therefore, the study has important theoretical and practical significance of treaty interpretation in WTO dispute settlement. Explain the rules of the WTO dispute settlement in the Treaty relationship with general international law, the use of the general theory and the basic doctrine of the international law of treaty interpretation, the case study method, method of treaty interpretation in WTO dispute settlement specific applications and in-depth analysis of this a classic case of the U.S. gaming case, the rules of treaty interpretation in the development of technology and methods. This paper is divided into three chapters: the first chapter expounds the WTO dispute settlement theoretical basis of treaty interpretation, is divided into three parts: The first part of treaty interpretation set forth in the WTO dispute settlement and general international law, the World Trade Organization \the content of the rules, the paper mainly limited to the provisions of the Article 31 and Article 32 of the Vienna Convention on the Law of Treaties; third part elaborates the the main doctrine genre in the use of the rules of treaty interpretation explain, mainly WTO practice for strict textualism holistic interpretation methods. The second chapter on the rules of treaty interpretation applies in specific cases - the U.S. gaming case, is divided into two parts: the first part describes the the U.S. gaming case merits points, which is the premise of treaty interpretation, analysis and preparation. First introduced starting from the gaming of the case, and then sort out the main points of contention, explained analysis of good material to prepare for the later treaty; second part of elaborate table explains the specific commitments in the U.S. gaming case analysis and GATS Article XVI interpretation analysis. The analysis of the two is also from how to apply the rules of interpretation of the treaties and the relationship between the two levels of treaty interpretation rules. Third chapter expounds revelation by analyzing the the American Gaming Case treaty interpretation process, it is also divided into two levels: the technical level in terms of the rules of treaty interpretation in the distinction between the question of the validity of the text of the treaty language, context, and supplementary information to supplement explain methods rank the development; method level, the Appellate Body of treaty interpretation thinking approach exhibited by a strict textualist transition to holistic interpretation methods, tendency.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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